National Green Tribunal
Dashrath Singh Parihar vs State Of Madhya Pradesh on 11 October, 2023
Item No. 2
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No. 110/2023(CZ)
(O.A.No.462/2021- PB)
Dashrath Singh Parihar Applicant(s)
Vs
State of Madhya Pradesh & Ors. Respondent(s)
Date of Hearing: 11.10.2023
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
For Applicant(s): None.
For Respondent(s) : Mr. Prashant M. Harney, Adv.
Mr. Mehul Bhardwaj, Adv.
ORDER
1. Grievance in the application filed by the applicant Mr. Dashrath Singh Parihar relates to illegal stone mining in forest area of Mohangarh, Khairona Beet, Forest Division of Distt. Shivpuri, Madhya Pradesh. It is submitted that Forest Department is unable to stop the illegal mining in reserved forest and this has caused damage to the environment.
2. Vide order 28.01.2022, this Tribunal constituted a Joint Committee comprising of State PCB, Mines and Geological Department, State of Madhya Pradesh, Regional Office of MoEF&CC at Bhopal, DFOShivpuri (Madhya Pradesh) and District Magistrate- Shivpuri (Madhya Pradesh) and directed the same to submit factual and action taken report within three months. The relevant part of the order is reproduced hereunder:-
"Having regard to the seriousness of the allegation, it appears necessary to ascertain the factual position in the matter through a joint committee of State PCB, Mines and Geological Department, State of Madhya Pradesh, Regional Office of MoEF&CC at Bhopal, 1 DFO-Shivpuri (Madhya Pradesh) and District Magistrate- Shivpuri (Madhya Pradesh) to look into the grievance in this application. The State PCB will be the Nodal agency for coordination and compliance. The joint Committee may meet within one month and undertake site visit and look into the grievance of the applicant. Factual and action taken report may be furnished within three months before the Ld. Registrar, General, National Green Tribunal, Principal Bench at New Delhi by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF, who may if necessary put up the matter before the Bench for directions."
4. In compliance thereof, the Joint Committee inspected the area on 28.02.2022 and has submitted report vide email dated 21.04.2022. The relevant parts of the report is reproduced as under:-
"7.0 OBSERVATIONS OF THE COMMITTEE The committee visited the location on 28.02.2022 to find the factual status of the grievances along with the applicant. Various locations were inspected X X X X X It is observed that mining in the above said location has been undertaken in the past. There are three small pits generated due to the mining. The complainant informs that illegal mining has been stopped since monsoon -2021. The complainant further added that the mining operation in the forest area was stopped due to the news publication regarding illegal mining.
X X X X X At the above location it was noted that mining has been undertaken and over burden was found near the location. It was informed that plantation was done around 3 years ago at the said location. Rain water has accumulated in the pit due to the illegal mining.
The complainant stated that trees with roots & plant stem have been removed from the area. The committee observed that there are some tree/ Plant remains like Root and branches were fell near the location. However, the no. of trees i.e. 2000 Nos. as claimed by the complainant could not be verified.
X X X X X 2 The committee visited the location where the plantation was done by the forest department. It is observed that the mining operation was undertaken at a location within the plantation boundary area.
It was informed by the forest department that the plantation was undertaken for the gap filling in the area. The plants like sheesham and kher plants were planted. The plantation was done around 3 years ago.
X X X X X At this location the committee observed that illegal mining has been undertaken on big scale & Flagstone has been left at the location. Some of the over burden is found dumped in nearby area. The complainant informed that the mining dump is lying there since rainy season.
During the visit, a local resident Shri Dalveer Gurjar Vill majhera, Teh.& Distt. Shivpuri informed that the illegal mining operation was undertaken by the local 4 villages (Arjungawan, Mohangarh, Khairona, Majhera).
8.0 ILLEGAL MINING PROGRESS OF LAST 10 YEARS:
The committee analyzed the google imagery and found out that the illegal mining operation was running from past many years. However, the illegal mining activities has increased in the recent years. The time elapse google imagery is enclosed. 9.0 IMPACT OF THE ILLEGAL MINING:
(a)Due to the mining operations the over burden is found to be lying here & there.
X X X X X 10.0 ACTION TAKEN BY THE FOREST DEPARTMENT:
The forest department informed that various actions has been undertaken to stop the illegal mining. The forest department furnished the relevant documents and reports. The same is enclosed.
11.0 Conclusion and Suggestions:
a) It is evident from the site visit that illegal mining has been undertaken in the past at above said locations.
b) The forest department should undertake strict and effective measures to stop the illegal mining like dug trenches to isolate illegal mining sites, regular and surprise raids/checks conducted jointly by security personnel and law and other authorities, installation of 3 checks posts at vulnerable points.
c) The forest department may be directed to restore/reclaimed the illegal mining area/dumps."
2. The matter was taken up by the Tribunal on 26.07.2022 again and the Tribunal passed an order as follows:-
1. In view of the observations in the report of the Joint Committee, we consider it appropriate to direct the Director, Mining and Geology Directorate, Madhya Pradesh, DFO and District Magistrate, Shivpuri to prepare an action plan for reclamation of illegally mined area and disposal of over burden by making its proper use for land filling as may be possible in the area concerned and to execute such action plan within a period of three months. The action plan shall also include appropriate afforestation and proper landscaping. Action Taken Report with copy of Action Plan and details of action taken for implementation thereof may be furnished within four months by e-mail at judicial-
[email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF.
2. Further, the report of the Joint Committee also shows that substantial number of cases of illegal mining are taking place in the State of Madhya Pradesh causing environmental degradation besides loss of revenue to the State exchequer and such illegal mining deserves to be curbed not only by appropriate surveillance and monitoring but also by prompt and effective discovery, arrest and prosecution of the offender, confiscation of the vehicles used and imposition of heavy penalty and environmental compensation without any delay and proper utilization of the compensation recovered for reclamation of the area illegally mined.
3. In view of high incidence of cases of illegal mining especially in natural resources rich area of Madhya Pradesh, we consider it appropriate to constitute a Joint Committee comprising of Principal Secretaries of Forest, Mineral Resources and Revenue Departments, Government of Madhya Pradesh and Director General of Police, Madhya Pradesh. The Joint Committee shall look into all relevant aspects including:
a) As to how many cases of illegal mining have taken place in 4 the State in the last five years.
b) In how many cases prosecutions have been launched.
c) In how many cases the offenders have been convicted.
d) In how many cases penalty and environmental compensation have been imposed.
e) In how many cases vehicles were confiscated.
f) In how many cases penalty and compensation have been recovered from the offenders in accordance with the directions given by this Tribunal.
The Joint Committee may also look into the deficiencies observed in prevalent surveillance and monitoring system and to make recommendations for evolving policy and programs for ensuring effective surveillance and monitoring systems in the State to prevent such cases of illegal mining. The Joint Committee shall also consider the issues of (i) fixing accountability of the Forest/Mining/Revenue officers in case of illegal mining for reimbursing the loss suffered by the State and expenses incurred for ameliorating environmental pollution/degradation caused due to their inaction, negligence or dereliction of their duties and (ii) taking of departmental and penal action against Police officers for inaction, negligence or dereliction of duty in taking prompt action on receipt of complaints regarding illegal mining and make recommendations in this regard for implementation by the concerned Departments of the State Government. The report may be furnished within three months by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF.
3. The Principal Secretary (Mines), Madhya Pradesh vide its report dated 30.11.2022 submitted the action taken by the Mining Department and the Administration for checking of illegal mining, its transportation and the prosecution status district-wise. The summary of the Action Taken Report are as follows:-
i. "Divisional level monitoring committee, headed by Commissioner can be constituted (IG, CCF & Regional Officer PCB, RTO, Regional Head 5 Mining will be members) - MINING DEPARTMENT.
ii. Collector and SP of concerned district may be instructed for regular monitoring (District level monitoring committee already in place). -- MINING DEPARTMENT.
iii. District Collector may be instructed for prompt disposal of illegal mining, transportation & storage cases.- MINING DEPARTMENT.
iv. IG may be instructed to review law and order situation and provide armed forces, if required. HOME DEPARTMENT.
v. Since last 5 years, whenever the cases of illegal mining is reported the Mining Department has registered 6691 cases of illegal mining as per rule, in this action 3696.28 Lacs Rupees Penalty has been imposed and 79 Vehicle have been confiscated.
vi. This reveals that all the authority of the State Government has taken prompt action as per prevailing Rules against the illegal offender. In any case of any Government Employee in found involved in illegal activity then action as per Civil Services Classification (Control and Conduct) Rules is taken against erring employees.
vii. The prompt action against the illegal offenders also effects the increase in royalty accrual to the State exchequer since last 5 years the revenue collection is as follows :-
Table S.No. Year Revenue Remarks (Rs. in Crores)
1. 2017-2018 4284.48
2. 2018-2019 4634.79
3. 2019-2020 5039.66
4. 2020-2021 5185.21
5. 2021-2022 7122.71 The above data clearly shows that 66% increase."
4. The State of Madhya Pradesh has submitted the compliance report that the actions are being taken by the State Authorities and necessary prosecution has been initiated in addition to realization of environmental compensation.
5. In light of the order of this Tribunal, the Government of Madhya Pradesh, Administrative Department vide order dated 25.11.2022 has constituted a 6 committee including Principal Secretary Mines, Forest, Revenue, Environment, Transportation, Home, Nominee of the Director General & Controller General of Indian Mines to check the illegal mining.
6. We have perused the report submitted by the different departments, the committee and the chart submitted by the respondents, which shows that the respondent has initiated to check the illegal mining and its transportation and several prosecution has been initiated, which is pending before the competent court for final trial. The penalty/environmental compensation has been assessed and realized from the respondents.
7. In view of the above facts, we direct the respondents and the State Pollution Control Board of Madhya Pradesh to periodically monitor the illegal mining in the area and in case it is found illegal mining or transportation of illegal mining, the State PCB has to do necessary action for prosecution and recovery of environmental compensation according to rules.
8. The Original Application No. 110/2023 stands disposed of accordingly.
Sheo Kumar Singh, JM Dr. Afroz Ahmad, EM 11th October, 2023 O.A. No. 110/2023 (CZ) PN 7